How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans who have their claims approved receive a monthly income that is tax-free.

It's not a secret that VA is behind in processing disability claims of veterans. The process can take months or even years.

Aggravation

A veteran may be able to claim disability compensation for a condition worsened by their military service. This type of claim could be either mental or physical. A VA lawyer who is competent can help an ex-military person to file a claim for aggravated disabilities. The claimant must prove either through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the physician's statement, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans, it is important to be aware that the condition that is aggravated must be distinct from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to establish that their original condition wasn't just aggravated by military service, however, it was much worse than what it would have been if the aggravating factor had not been present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and controversy during the process of claiming. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Conditions that are associated with Service

To be eligible for benefits, veterans must show that the cause of their impairment or illness was caused by service. This is known as "service connection." For some conditions, like ischemic heart disease, or Vimeo other cardiovascular diseases that manifest because of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD veterans have to present the evidence of laypeople or those who knew them during the military, to link their condition to an specific incident that occurred during their service.

A pre-existing medical issue can be service-related in the event that it was aggravated due to active duty service and not just the natural progression of disease. It is best to provide an explanation from a doctor Vimeo that the deterioration of the condition was caused by service, and vimeo not simply the natural development of the disease.

Certain ailments and injuries can be attributed to or aggravated because of service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. They include AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you're able to do it on your own. This form is used by the VA to let them know that you disagree with their decision and would like a more thorough review of your case.

There are two paths to an upper-level review and both of them are options you must carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to the previous decisions) review and either overturn the previous decision or affirm the decision. You might or may not be allowed to submit new evidence. The alternative is to request an interview before a Veterans Law Judge at the Board of hackettstown veterans disability law firm' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They will have experience and know what's best for your situation. They also know the issues faced by disabled alameda veterans disability lawsuit and can help them become an effective advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated in the military, you can file a claim to receive compensation. But you'll have to be patient with the VA's process of review and deciding on the merits of your claim. It could take up to 180 days after the claim has been submitted before you get a decision.

Many factors influence how long it takes the VA to decide on your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the field office responsible for your claim will also affect the time it will take for the VA to review your claims.

Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can help speed up the process by submitting proof promptly by being specific with your information regarding the addresses of the medical care facilities you use, and submitting any requested information as soon as it is available.

If you believe that there was an error in the decision on your disability, you may request a more thorough review. This means that you submit all the evidence in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review cannot include new evidence.